Parking Ticket - Overstayed 6mins

Quentin

The tracking showing it was never delivered does give them "proof" to back up their denial of receiving it!


Read up the copy of the letter you sent to see if you did add in the DPA questions (which are included in the template)


The only other major cost they will add will be the hearing fee, (£25), and they may ask for interest since issuing the claim (if they have claimed interest in the original MCOL)

presc

Just went over the second letter. I just mentioned that it was now second time I'm trying to get in touch and briefly mentioned the grace periods. I also told them they did not reply to my appeal and attached a copy of it. The appeal was from newbies template and it included the DPA questions. I imagine if they got this letter and were try to be fair, they would have replied to me in some way.

Geoff1963

Don't phone them. EVER! IN ANY CIRCUMSTANCE! Far too easy to make a mistake and admit the driver at the simplest level.

Think of the game, where a person tries to make you say of a selection of words : "yes", "no", "is", "isn't" etc.

Coupon-mad

presc wrote: »

Just went over the second letter. I just mentioned that it was now second time I'm trying to get in touch and briefly mentioned the grace periods. I also told them they did not reply to my appeal and attached a copy of it. The appeal was from newbies template and it included the DPA questions. I imagine if they got this letter and were try to be fair, they would have replied to me in some way.

Fair enough. This is all good evidence to show the claimant has been lying, ignored an appeal.

They're certainly not right about no appeal being sent. We did try to contact them through post twice. Once with Signed For and once with 1st class. I have proof for both (photo of the letters and proof of postage).

I would attach as evidence the proof of posting both those letters (despite the lack of tracking), and the defendant should tell the Judge that she only realised after using Recorded Delivery first time and being ignored, that it is well known that rogue parking firms don't sign for post, and let it sit in the Post Office sorting office uncollected. The letter was not returned undelivered, so you reasonably believe the Claimant received it in the ordinary post, didn't sign for it, and just ignored it.

Hence why in good faith, you re-sent the first appeal and a covering letter of challenge, and this time you got a PO 'certificate of posting' which proves this one was sent as well, but doesn't rely on an unscrupulous firm getting away with not 'signing for' post. State that in UK law, a letter sent 1st class is deemed delivered (unless the contrary can be proved) two working days after it was sent.

presc

I think I'm going crazy now - I've tried to find some good proof of Gladstones being a dishonest company, but my only point is that they are the same guys behind IPC and Gladstones. I looked into SRA but can't really seem to find some kind of proof that SRA is investigating them - did I miss something?

I also understand that the small claims court can limit the max fees, but do I have to mention it in my WS?, or would the judge point it out in my favour?

Thank you for the details about my appeals. I included some wording into the WS.



Anyway, here's the WS I tidied up since the last time, I would greatly appreciate any comments.

---

WITNESS STATEMENT

I XXXXX of XXXX am the Defendant in this case

The exhibits which the defendant intends to rely upon are as follows:

Ex. 1. Defence statement
Ex. 2. Parking Charge Notice demonstrating times the PCN issued.
Ex. 3. Pay and Display ticket demonstrating time that was paid for and expiry time.
Ex. 4. Excerpt from IPC Code of Practice on Grace Periods (v.5 1 October 2016 – effective at the time of issuing the Parking Charge Notice).
Ex. 5. Note from the local council parking officer.
Ex. 6. Image of Signage on the parking demonstrating no exclusion of Grace Periods.
Ex. 7. IPC Website demonstrating that IPC is trading under United Trade and Industry Ltd.
Ex. 8. Excerpt from Companies House Website showcasing directors of United Trade and Industry Ltd.
Ex. 9. Excerpt from Companies House Website showcasing directors of Gladstones Solicitors Limited.
Ex. 10. Copy of the appeal made to claimant (23/12/2016).
Ex. 11. Copy of the Stamp for postage of the first appeal.
Ex. 12. Receipt from PayPal Transaction for purchasing stamp.
Ex. 13. Copy of the second appeal sent to the claimant (20/01/2017).
Ex. 14. Proof of postage of the appeal to the claimant.
Ex. 15. Excerpt from Interpretation Act 1978, Point 7.
Ex. 16. Letter from Claimant to Defendant, 6th January 2017.
Ex. 17. ‘Demand for Payment’ from Claimant to Defendant, 6th February 2017.
Ex. 18. Letter before Claim, 3rd March 2017.
Ex. 19. Claim form, 27th March 2017.


1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. It is admitted that the defendant, XXXX, residing at XXXXXX is the registered keeper of the vehicle, and was the driver at the time.

4. The Parking Charge Notice (ex. 2) was issued six minutes after the expiry time of the ticket (ex. 3), which complies within the Grace Periods (ex. 4). The Defendant upon arriving at her car, tried to locate the operator who issued the parking ticked in a good faith to try and resolve the situation. Representative of the Claimant’s company was not found, however the Defendant found a local council parking officer, who explained to her that the charge was in fact issued illegally (ex. 5) as there are Grace Periods. This gave Defendant the basis to start looking more into the case.

5. The signage on the parking site does not state the lack of Grace Periods on the land (ex. 6).

6. The claimant’s solicitors – Gladstones, are the bodies behind the IPC Code of Practice (ex 7, 8 and 9), which means they should be well aware of the Grace Periods on the land. Omission of their own code of practice suggests at an automated debt collection.

7. The Defendant made her first appeal on 23/12/2016 (ex. 10), sent with a Signed For service to make sure that the Claimant receives the post (ex. 11, 12). Only then the Defendant realised that the appeal was ignored and that it is well known that rouge parking firms don’t sign for post, and let it sit in the Post Office sorting office uncollected. The letter was not returned undelivered, so the Defendant reasonably believes the Claimant received it in the ordinary post, didn’t sign for it and just ignored it.

8. With good faith, the Defendant re-sent the first appeal on 20/01/2017 (ex. 13) to the Claimant alongside a covering letter. This time with a 1st class service which proves that one was sent (ex. 14), but doesn’t rely on an unscrupulous firm getting away with not ‘signing for’ post. In UK law, a letter sent 1st class is deemed delivered two working days after it was sent, unless the contrary can be proved (ex.15).

9. The Claimant has inflated the costs with each letter sent by them without any reason given as shown on Exhibits 16-20. It is not believed that the Claimant has incurred additional costs, be it legal or debt collector’s costs, other than the £25 court fee.


Statement of Truth:
I confirm that the contents of this statement are true to the best of my knowledge and belief:
XXXX

Coupon-mad

I also understand that the small claims court can limit the max fees, but do I have to mention it in my WS?, or would the judge point it out in my favour?

The Judge might do, but no harm in you pointing it out in the WS.

I think I'm going crazy now - I've tried to find some good proof of Gladstones being a dishonest company, but my only point is that they are the same guys behind IPC and Gladstones. I looked into SRA but can't really seem to find some kind of proof that SRA is investigating them - did I miss something?

No, you missed nothing. Stop focussing on Gladstones. Not only are they not the claimant (so G's coming to this matter without 'clean hands' is only peripheral, at best, to your case) but no Gladstones employee will rock up to the hearing either so rubbishing them doesn't help you on the day.

It's the claimant's evidence you must shoot down.

And the Rights of Audience of the third party solicitor's agent who rocks up. Search the forum and be ready with the Law Gazette article and case law (and use the BMPA free App to check 'RoA' of any named person) to shoot them down in the first few minutes.

You don't need to show the claim form as evidence.

I would change this as it sounds like you've said THEY complied:

4. The Parking Charge Notice (ex. 2) was issued six minutes after the expiry time of the ticket (ex. 3), which [STRIKE]complies[/STRIKE] proves that this Claimant has failed to comply [STRIKE]within[/STRIKE] with the Grace Periods rules on private land(ex. 4).

Suggested better wording for this:

6. The claimant’s solicitors – Gladstones, are [STRIKE]the bodies[/STRIKE] run by the same two people (John Davies and Will Hurley) behind the IPC Code of Practice (ex 7, 8 and 9), which means they [STRIKE]should[/STRIKE] will indisputably be well aware of the Grace Periods rule.[STRIKE]on the land[/STRIKE]. [STRIKE]Omission of their own code of practice suggests at an automated debt collection.[/strike] This harassment and baseless litigation has caused me significant alarm and distress; during my research I discovered that Gladstones are issuing robo-claims for unwarranted 'parking charges' in their thousands. It is clear that no checks have been made as to the facts of the alleged contract, signs or parking charge, let alone any cause of action, in their undue haste to issue these claims.

And it's rogue not 'rouge' although the PPCs should blush at their conduct!

Only then the Defendant realised that the appeal was ignored and that it is well known that rouge parking firms don’t sign for post,

Finally I would include your costs schedule (see an example in post #2 of the NEWBIES thread). And read this post #56, ''tips for the hearing'' = how to prepare & what to expect (get there early to get through security checks):

http://forums.pepipoo.com/index.php?showtopic=112656&st=40&p=1296627&#entry1 296627

presc

Thank you.

I want to mention the Small Claims Court limits, but the only legal point I found to support this mentions: "(Small claims court claim is) any claim which has a financial value of not more than £10,000".

Where do I look for the actual limit of PCN?


Other than that I already have made amendments to my WS based on Coupon-mad suggestions - thank you!

The case is actually not happening until September, but court asked me to send WS now. Gladstones still need to pay for the court fee. I plan to send the costs schedule and skeleton two weeks before the hearing. I am yet to see if Gladstones bothers to send me their WS, which if they don't I can point out in skeleton + costs (if I'm not wrong).

Coupon-mad

There's no limit on a PCN in small claims, of course! A PCN is just another alleged debt...nothing special.

But there are limits on COSTS.

presc

Ok, thanks a lot Coupon-mad! Your help is much appreciated!

One more question, Can we (my mother) hand in the WS into the court instead of sending it through the post?

Umkomaas

presc wrote: »

Ok, thanks a lot Coupon-mad! Your help is much appreciated!

One more question, Can we (my mother) hand in the WS into the court instead of sending it through the post?

Yes, why not? It will guarantee that it has arrived. I think it has to be done before 4pm, otherwise you just have to put it into their mailbox - perhaps best phone and check best time to deliver.

Not sure whether they give you a receipt, but may be worth asking for one if it doesn't cause them too much difficulty.